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B-190053 1 (1977-11-01)

handle is hein.gao/gaobadfhd0001 and id is 1 raw text is: THE COMPTROL.LER UENERAL>' CUCIICN *..: * OF THE UNITED BYATEE WAGHINGTON. 0.0. 90540 FILE: 3-190053 DATE: November 1, 1977 MATTER Or: Ikard Manufacturing Co. C2) DIGEST: Question of small business concernsa responsi- bility is not for consideration by CAO because conclusive authority over question is vested by otature in SBA. Moreover, it was possible for protester to raise its objections wit' SBA in course of Certificate of Competency prcceeding. Ikard Manufacturing Co. (Ikard) has protested the Department of the Army's rejection of its firm as nonre- sponsible under Invitation for Bids No. DAAR01-77-B-0317. The Army has advised this Office that the contracting officer found Ikard nonresponsible based on a negative pre-award survey and the matter was referred to the Small Business Administration (SBA) for the possible issuance of a Certificate of Competency (COC) as required by Armed Services Procurement Regulation 1 1-705.4(c) (1976 ad.) because the firm had certified itself an a small business concern. By letter dated September 20, 1I77, the SBA declined to issue a CO. Under 15 U.S.C. I 637(b)(7) (1970), as amended by Pub. L. No. 95-89, 5 501, 91 Stat. 553, the SBA has authority to conclusively determine all elements of responsibility. Our Office does not review SBA determinations or require the SBA to issue a COC even if we disagree with SBA's judgment because, by law, issuance of a COC by SBA is conclusive on procuring officers.. Environmental Tectonics Corioration, B-185259, February 13, 1976, 76-1 CPD 101. More'ver, we note that it was possible for Ikard to raise its ubjections with SBA in the cuurse of the COC proceeditng. - 1-

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